Working in the oilfield is tough and can be dangerous. Accidents happen, and when they do, workers need to know their options for getting help. Two common ways to get help after an accident are workers’ compensation and personal injury claims.
If you need assistance getting the compensation you deserve after an oilfield accident, J Martinez Law is here to help. To speak with our Hobbs oilfield injury lawyer, contact us online or call (575) 393-0021 today.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance. It provides benefits to workers who get hurt or sick because of their job. This insurance helps cover medical bills and lost wages. It doesn’t matter who was at fault for the accident—if you’re hurt on the job, workers’ comp is there to help.
In the oilfield, injuries can be severe. Workers’ compensation is designed to quickly get you the help you need without a long legal process. Here’s what workers’ comp usually covers:
Medical Expenses: Doctor visits, hospital stays, surgeries, and medications.
Lost Wages: Part of your income if you can’t work for a while.
Rehabilitation: Physical therapy or other help you need to recover.
Disability Benefits: If you can’t return to work, you might get long-term help.
What is a Personal Injury Claim?
A personal injury claim is different. It’s a lawsuit you file against someone who caused your injury. Unlike workers’ comp, you need to prove that someone else was at fault. In the oilfield, this could be a company that didn’t maintain equipment properly or a coworker who was careless. An oilfield injury lawyer in Hobbs may be able to help with this claim.
Personal injury claims can cover more than workers’ comp. They might include:
Medical Expenses: Like workers’ comp, this covers your medical bills.
Lost Wages: Money you lost by not being able to work.
Pain and Suffering: Compensation for the physical and emotional pain you experienced.
Punitive Damages: Extra money if the person who caused your injury was extremely careless or did something on purpose.
Key Differences Between Workers’ Comp and Personal Injury Claims
Understanding the key differences can help you decide which path to take if you’re hurt in an oilfield accident.
Fault: Workers’ comp doesn’t require you to prove anyone was at fault. Personal injury claims do.
Benefits: Workers’ comp has specific benefits and limits. Personal injury claims can potentially offer more, but they’re harder to win.
Process: Workers’ comp is usually faster and simpler. Personal injury claims can take longer and may go to court.
When to Use Workers’ Compensation
Workers’ comp is often the first option after an oilfield accident. It’s designed to be a quick way to get help. Here are some situations where workers’ comp is the best choice:
Accidents on the Job: If you’re injured while doing your job, workers’ comp is there for you.
No Clear Fault: If it’s not clear who is to blame, workers’ comp can still provide benefits.
Need Quick Help: Workers’ comp is faster than a lawsuit, so you get help sooner.
When to Consider a Personal Injury Claim
Sometimes, workers’ comp might not be enough. In those cases, a personal injury claim might be worth considering with your oilfield injury lawyer. Here are some scenarios where a personal injury claim might make sense:
Someone Else’s Fault: If your injury was clearly caused by someone else, like a coworker or another company.
Severe Injuries: If your injuries are severe and workers’ comp benefits aren’t enough to cover your losses.
Negligence: If the injury happened because of extreme carelessness or intentional harm.
Combining Both Options
In some cases, you might be able to use both workers’ comp and a personal injury claim. This can be complicated, so it’s important to understand how they interact.
For example, you might start with workers’ comp to get immediate help. Then, if it’s clear someone else was at fault, you and your Hobbs oilfield injury lawyer could file a personal injury claim for additional compensation. However, the money you get from workers’ comp might be deducted from any personal injury settlement you receive.
Oilfield Injury Lawyer in Hobbs, NM
Navigating workers’ compensation and personal injury claims can be tricky, especially after a serious oilfield accident. Understanding the basics can help you make informed decisions and get the help you need. Workers’ comp is usually the first step, providing quick assistance without the need to prove fault. However, if someone else is responsible for your injury, a personal injury claim might offer additional compensation. In some cases, you might use both options together.
No matter what, the most important thing is to take care of your health and know your rights. By being informed and prepared, you can navigate these challenges and get the support you need to recover and move forward. To get the justice you deserve, call J Martinez Law today at (575) 393-0021.
